After spending many painstaking hours finalizing your client’s claims, you have just filed a new adversary proceeding in bankruptcy court.
Bankruptcy Litigation Committee
Committees
In Poland, the rules for the transfer of shares in a limited liability company (LLC) are specified in the Commercial Companies Code (CCC). According to Article 180 of the CCC, [1] the transfer of a share, or a fraction thereof, must be in writing with notarized signatures.
The Bankruptcy Litigation Committee had an outstanding year in 2024 thanks to our amazing members. From writing articles to speaking to volunteering time, our members are some of the most engaged in ABI. Thank you for everything you do! Here is a quick look back at the highlights of 2024.
On Dec. 12, 2023, Hon. Michael E. Wiles of the U.S. Bankruptcy Court for the Southern District of New York (the “Chapter 15 Court”) denied a motion filed by creditor Sablon Partners Ltd. in the chapter 15 cases of Americanas S.A.
Litigation in bankruptcy can be highly contentious, and attorneys often believe that the normal rules in federal district court governing depositions do not apply to a Rule 2004 examination of a debtor. But do those attorneys have it wrong in an adversary proceeding or contested matter? Rule 2004 exams are not always as broad as interested parties hope.
Two provisions of the Bankruptcy Code turn on the existence of a “bona fide dispute.” An involuntary petition may not be filed by an alleged creditor against the alleged debtor if the creditor’s claim is “the subject of a bona fide dispute as to liability or amount.”[1] A trustee may sell property free and clear of an interest that is
In Ritzen Grp. Inc. v. Jackson Masonry LLC,[1] the U.S. Supreme Court definitively established that an order denying a motion for relief from the automatic stay under Bankruptcy Code § 362(d) is a final order that may be — and must be — immediately appealed.
We are excited to report that the Bankruptcy Litigation Committee was very active in 2023, with 2024 looking just as good, if not better. The committee now has more than 1,100 members — over 200 more than we had just three years ago. It is its members that make this committee so vibrant, and we just wanted to say thank you to everyone who helped make 2023 great.
Following decisions in 2021 from both the Delaware District Court and the Southern District of New York rejecting the Ninth Circuit’s controversial Sherwood Partners decision, [1] it appears that rumors of ABC state preference actions’ deaths have been greatly exaggerated.
According to most courts, the failure to file a timely notice of appeal under Bankruptcy Rule [1] 8002 deprives the appellate court of subject-matter jurisdiction.
Fri, 2025-04-25
In 2005, Congress enacted sweeping changes in the Bankruptcy Code in a law commonly known as BAPCPA (bap-SEE-puh). Most insolvency professionals recognize BAPCPA’s changes to consumer bankruptcy, such as the means test, modifications to the discharge exceptions and new limits on homestead exemptions. But BAPCPA affected business bankruptcy too, making chapter 12 permanent and creating the notion of a “small business case” in chapter 11. As BAPCPA turns 20, this panel reflects on its past two decades: what worked, what didn’t, and what might come next.
Fri, 2024-12-13
Fraud is an ever-present concern in bankruptcy cases, manifesting in various forms from False Claims Act violations to Ponzi schemes. This panel will provide practical tips and strategies for identifying, addressing and litigating fraud in the bankruptcy context.
Mon, 2024-05-06
The panel of judges and scholars, moderated by ABI’s Bill Rochelle, will discuss the Supreme Court’s most recent bankruptcy decisions to identify trends and predict where the Court is going when it comes to bankruptcy law. Topics will include the erosion of the bankruptcy court’s equity power, nondebtor releases and equitable mootness.
Fri, 2024-04-19
The bankruptcy process requires the management of the bankruptcy estate’s bank accounts, client accounts and business records, in addition to the management and processing of claims, claim distributions, adequate assurance deposit accounts, asset recovery, and many other financial and legal demands. Each one of these is a point of business email compromise (BEC) vulnerability. BEC attacks are the most costly form of cyberfraud for all businesses. This session will focus on best practices to use to protect your clients and yourself from this pervasive fraud.
Tue, 2024-01-16
It’s been six years since ABI released the Second Edition of ABI's Quick Evidence Handbook. Join us for a reunion of some of the handbook’s authors to discuss developments in evidence law, and how issues discussed in the handbook have played out in practice.
Thu, 2023-07-27
The panelists will discuss the pros and cons of seeking the appointment of a chapter 11 trustee, effective strategies to prosecute and defend motions to appoint a trustee, and the current state of the case law surrounding such motions.
Fri, 2022-12-09
When retained causes of action are the only recoveries for residual stakeholders, having the right toolkit —with tools sharpened and up to date — is essential to preserving and maximizing value.
Sat, 2022-04-30
In today’s bankruptcy world, most major cases involve at least one pre-petition class action. This panel will focus on the distinction between mass tort claims and other types of class actions, recent case law addressing the proper procedures for asserting class claims, the allowance of class claims and compensation of class counsel, and the final resolutions of class claims, either by way of settlement or pursuant to plans. Other cutting-edge issues surrounding class claims also will be discussed.
Sat, 2017-12-02
Hosted by the Bankruptcy Litigation and Commercial Fraud Committees. This panel will explore whether and how far U.S. avoidance provisions might apply extraterritorially, and will discuss the challenges and pitfalls of alternate theories of recovery.
Tue, 2017-05-30
The Unsecured Trade Creditors Committee's May Tips of the Trade call featured Neil Steinkamp of Stout Risius Ross, LLC, who discussed the ordinary course of business defense in the context of preference analysis.
Ms. Sara L. Abner, Esq.
Co-Chair
Frost Brown Todd LLC
Louisville, KY
(502) 779-8178
Co-Chair
Frost Brown Todd LLC
Louisville, KY
(502) 779-8178
Mr. Jon Jay Lieberman
Co-Chair
Sottile & Barile, LLC
Loveland, OH
(859) 912-1659
Co-Chair
Sottile & Barile, LLC
Loveland, OH
(859) 912-1659
Mrs. Shelby Kostolni
Communications Manager
Stinson LLP
Arlington, VA
(202) 728-3035
Communications Manager
Stinson LLP
Arlington, VA
(202) 728-3035
Mrs. Dana L. Robbins-Boehner
Education Director
Burr & Forman LLP
Tampa, FL
(813) 367-5760
Education Director
Burr & Forman LLP
Tampa, FL
(813) 367-5760
Ms. Elizabeth Rogers
Membership Relations Director
Landis Rath & Cobb LLP
Wilmington, DE
(302) 467-4400
Membership Relations Director
Landis Rath & Cobb LLP
Wilmington, DE
(302) 467-4400
Mr. Mark A. Platt
Newsletter Editor
Frost Brown Todd LLC
Dallas, TX
(214) 580-5852
Newsletter Editor
Frost Brown Todd LLC
Dallas, TX
(214) 580-5852
Ms. Jennifer A. Christian
Special Projects Leader
ASK LLP
New York, NY
(212) 528-0156
Special Projects Leader
ASK LLP
New York, NY
(212) 528-0156
Ms. Isley Markman Gostin
Special Projects Leader
WilmerHale
Washington, DC
(202) 663-6551
Special Projects Leader
WilmerHale
Washington, DC
(202) 663-6551
Ms. Rene Kuperman
Special Projects Leader
Robinson & Cole LLP
New York, NY
(786) 520-8074
Special Projects Leader
Robinson & Cole LLP
New York, NY
(786) 520-8074